Terry Bartee v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

Terry Bartee filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered injuries to his left shoulder after receiving the influenza vaccine on December 11, 2014. The respondent, the Secretary of Health and Human Services, conceded that Mr.

Bartee's left shoulder injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that it was caused in fact by the flu vaccine. The respondent also noted that no other causes for the SIRVA were identified and that Mr.

Bartee suffered the sequelae of his injury for more than six months, thus meeting the statutory requirements for entitlement. Based on the respondent's concession and the evidence, the court found Mr.

Bartee entitled to compensation. Subsequently, the parties submitted a proffer for damages.

The respondent proffered an award of $71,450.92, which included $70,000.00 for pain and suffering and $1,450.92 to satisfy a State of California Medicaid lien. Mr.

Bartee agreed with this proffered award. The court accepted the proffer and awarded Mr.

Bartee the specified amounts, directing that the compensation for the Medicaid lien be paid jointly to Mr. Bartee and the State of California.